Cybercrime Legislation in Nepal

Kathmandu, 28 February, 2018The Attorney General’s Office of Nepal has organized the 3 day workshop (26-28 Feb., 2018) in Kathmandu with the title “Cyber Legislation in Nepal” to discuss how to improve the national cybercrime laws in the light of international standards, and strengthen criminal justice response to cybercrime challenges.

Cybercrime Legislation in South Asia

“Nepal starts the work to harmonize legislation on cybercrime and electronic evidence with international standards.”

The workshop, organized with the support of the European Union and the Council of Europe under the project GLACY+, follows on an ongoing dialogue between the Council of Europe and the Office of the Attorney General, Nepal about the current legislative framework on cybercrime and electronic evidence in the country.

Opening the Workshop on Monday 26 February, the Attorney General of Nepal, Hon’ble Mr. Agni Prasad Kharel reminded how Nepal is engaged in the digitalization of government services and pointed out the importance of establishing a proper legal framework to address the increasing risk of cybercrime and the complexities of securing electronic evidence. “We all are aware that the government of Nepal accepted paperless governance, e-governance, and SMARTs. […] This is a good opportunity for us to draft cybercrime legislation and incorporate best practices and fundamental aspects of the Budapest Convention on Cybercrime”.

The team from Office of the Attorney General (OAG), Nepal was led by Joint Government Attorney Mr. Khem Raj Gyawali.

A delegation from Sri Lanka, headed by Her Excellency Ms. W. Swarnalatha PERERA, Sri Lanka’s Ambassador to Nepal, facilitated the workshop, highlighting best practices in drafting cybercrime legislation in South Asia and the experience acquired as the first country in the region to have ratified the Convention, in 2015.

“The Budapest Convention, 2001 is an effective template for developing international cooperation in the field of cybercrime. The seminar provided a timely platform for the Council of Europe, the EU and, in the best spirit of south-south cooperation, Sri Lanka, to share experiences with Nepal on how to tackle this serious issue best” observed Mr. Andreas Roettger, Head of Cooperation of the EU Delegation to Nepal,

Under the coordination of the Office of the Attorney General (OAG), Nepal, a team of Council of Europe experts conducted a thorough assessment of the current legal framework and worked in brainstorming sessions with officials from all the relevant national stakeholders. The resource persons involved in facilitating the Workshop.  Mr. Rik Kaspersen, Professor Emeritus, Faculty of Law at the University of Amsterdam; Mr. Jayantha Fernando, Director ICT Agency of Sri Lanka and Member of the Cybercrime Convention Committee Bureau, Council of Europe; Mr. Matteo Lucchetti, Cybercrime Programme Office of the Council of Europe, Mr. José GUERRA, Prosecutor, Portugal and representative of Portugal at Eurojust and Hon’ble District Judge Shree Krishna Bhattarai, who is also serving as the Faculty at National Judicial Academy, Nepal. Mr. Gopal Lamichhane, Deputy Attorney, OAG, performed as the Master of Ceremony in othe pening and closing session of the Workshop.

Addressing the closing ceremony on 28 February, Mr. Kiran Paudel, Deputy Attorney General, OAG noted that: Office of the Attorney General is committed to enhancing the implementation of laws and best practices against cybercrime according to international Standards. He further explained that it essential to institutional strength and capacity development for authorities to harmonize Cyber law as per international standard.

Hon’bleJudge Mr. Ratna Bahadur Bagchand, Member of Special Court, while delivering his closing address underscored the need to cybercrime legislation in Nepal. Hon’ble Judge mentioned The Electronic Transactions Act, 2006 doesn’t cover all type of cybercrime, so Separate Cyber Legislation must be needed as to harmonization with international standard. He expressed urgent in establishing Information Technology Tribunal as per said act.

In his concluding remarks Matteo LUCCHETTI, Programme Manager Cybercrime of the Cybercrime Programme Office of the Council of Europe summarized the outcomes and the ways forward: “The Council of Europe renews its commitment to further engaging with Nepalese authorities and building capacities for the relevant implementations, with the ultimate goal to strengthen criminal justice authorities worldwide in the fight against cybercrime.”


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